40. See, e.g., James Sample, Supreme Court Recusal from Marbury to the Modern Day, 26 GEO. J. LEGAL ETHICS 95, 96–97 (2013) (arguing that while Chief Justice Roberts’s “relatively bare assertion that when it comes to disqualification, the Supreme Court is simply constitutionally and pragmatically different . . . is neither emotionally nor intellectually satisfying, in an imperfect world, his argument is also entirely correct”).